Introduction
Hit-and-run incidents are usually multi-faceted and emotionally charged events, which generates a lot of human suffering. For lawyers who advocate for these victims, it is most important that they systematically comprehend the processes involved in analyzing medical records. The goal of this article is to explore the significance in dealing with medical records in hit-and-run incidents so as to provide practical tips for attorneys to enhance their cases.
Understanding Hit-and-Run Accidents
What Is A Hit-and-Run?
• A hit-and-run accident takes place when a car driver leaves the scene of the accident without giving his/her personal details or helping any injured people.
Latest Figures (2024)
• The NHTSA has reported that hit and run accidents have risen by 20% over the preceding five years, resulting in over 2000 deaths in 2023 alone.
Common Causes of Hit-and-Run Accidents
• Impaired Driving
• Fear of Consequences
• Not Insured
• No Knowledge of Surrounding
The Role of Medical Records in Hit-and-Run Cases
Importance of Medical Records
- Establishing Injury Claims
- Medical records are essential to proving the injury claim by serving as proof documenting the injuries suffered in the event..
- Supporting Evidence
- They provide proof necessary for the court as regards the allegations that the victim makes in court.
Types of Medical Records Relevant to Hit-and-Run Cases
• E.R. Reports
• X-ray/MRI Films
• Doctors Notes
• Records of Therapy
How Medical Records Review Benefits Attorneys
Streamlining Case Preparation
- Identifying Key Information
- Attorneys can pinpoint the critical information contained in medical records that may affect the case after conducting thorough analysis of its details.
- Highlighting Pre-existing Conditions
- Injuries to be claimed against the accident can be checked and verified to the client’s medical history in conjunction with the accident.
Enhancing Negotiation Strategies
- Strengthening Settlement Offers
- At the very least, insurance companies will be willing to settle if there are properly maintained medical records presented, because Medicare will pay more than his retirement’s.
- Preparing for Trial
- With thorough medical documentation, the attorney can substantiate most of the allegations, thus improving the argument of his case.
Common Challenges in Medical Records Review
Accessing Medical Records
- Privacy Regulations
- Compliance with the providers notice pursuant to rules on access to health information, especially Protected Health Information under HIPAA is a serious problem.
Interpreting Medical Terminology
- Complex Medical Language
- Attorneys may struggle with understanding complex medical terminology, making it essential to work with medical experts.
Case Studies
Case Study 1: Overview: A vehicle drove away after striking a pedestrian. This led to various fractures and other injuries that were in need of medical treatment.
Challenges: Procuring treatment records of the victim from various healthcare agencies was the primary challenge.
Solutions: The attorney worked with a vendor that specializes in medical record retrieval to facilitate the collection and analysis of medical records.
Case Study 2:
Overview: One cyclist was involved in a hit-and-run incident where the cyclist suffered from serious head injuries.
Challenges: The absence of people willing to testify created complications in proving fault in the incident.
Solutions: The attorney used the medical records as evidence to show the severity of the injuries in order to negotiate with the insurance company.
Best Practices for Medical Records Review
Collaborating with Medical Experts
- Engage Medical Professionals: Medical professionals should be hired to review records of the medical practitioner and their bearing to the case in question.
Utilizing Technology
- Digital Tools for Record Management: Use digital tools to organize and analyze medical records efficiently.
Continuous Education
- Stay Updated on Medical Terminology: Regularly educate yourself on medical terminology and practices to enhance your understanding of client cases.
Conclusion
For an attorney working on a hit-and-run case, reviewing medical records is one of the most important things to do. Understanding the reason these records are important alongside best practices for utilizing them will enable attorneys to greatly enhance their case results. With the nature of hit-and-run accidents changing greatly, there is a need to remain aware and ready.
